Personal Injury
Maritime Law Protects Injured Dockworkers
Last month, a storage container fell from a crane and killed a dockworker at the Port of Long Beach. In August, a Philadelphia longshoreman died from a fall. As these accidents suggest, working shore-side can be dangerous. Dockworkers, also known as longshoremen, risk serious injury and death in their line of work. They utilize heavy…
Read MoreWhen a Maritime Worker Suffers a Traumatic Brain Injury
One of the most serious injuries a maritime worker can sustain is a traumatic brain injury (TBI). According to the Centers for Disease Control, TBIs contribute to one-third of all injury-related deaths in the U.S. While not all TBIs are deadly, a brain injury can permanently alter one’s life. Recovering from a moderate to severe…
Read MoreUnderstanding Your Rights Under Maritime Maintenance and Cure Laws
Since the early 1800s, ship owners have been responsible for providing care to seamen who sustain an injury or fall ill while working. Today, this care is known as maintenance and cure, which is available to any seaman injured on the job, regardless of who caused the injury. Unfortunately, not all employers follow the letter…
Read MorePrevailing Under the Jones Act
In 1920, Congress enacted the Jones Act to establish protections for maritime workers who sustain an injury while working at sea. Seamen cannot receive regular workers’ compensation for job-related injuries, but they do have the option to sue their employer under the Jones Act, as well as under unseaworthiness and defective equipment laws. The Jones…
Read MoreInjured While Working in the Maritime Industry? Learn About Your Rights
Maritime workers who sustain an injury or contract an illness on the job have certain rights under maritime law. Some of the laws protecting maritime workers are: The Jones Act, which protects seamen injured during the course of their employment and due to their employer’s negligence The Longshore Act, which protects maritime workers who are…
Read MoreWorker Trips Over Rope While Unloading Fishing Boat, Falls Almost Nine Feet
On Jan. 9, Leo Vitale was unloading fish from the Angela Rose at BASE Gloucester seafood exchange when he fell approximately nine feet onto the boat. When the accident occurred, it was half tide, so the boat was several feet lower than the dock. Vitale’s accident could have been even worse if the tide had…
Read MoreFlorida Court Says Cruise Ship Passenger Can Seek Punitive Damages in Personal Injury Case
The “hot coffee” lawsuit in the 1990s made punitive damages a fiercely debated topic. Stella Liebeck was riding in her grandson’s car, which he stopped so she could add cream and sugar to her McDonald’s coffee. With the cup secured between her legs, she attempted to remove the lid. The cup tipped, spilling the scalding…
Read MoreArbitration Clauses: Do-It-Yourself Tort Reform
Arbitration Clauses: Do-It-Yourself Tort Reform Nowadays, binding arbitration clauses appear seemingly everywhere — from credit card terms and conditions to maritime employment contracts. According to Professor of Law David S. Schwartz, “by adding an arbitration clause, a would-be defendant can do away with juries, with pesky discovery into its documents or employees’ testimony, and, now,…
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